Jefferson County may launch independent investigation into claims that DSS broke law

May 5—WATERTOWN — Jefferson County may soon appoint an independent investigator to look into claims that the county Department of Social Services has mishandled cases involving children, including one case involving a senior, long-serving department employee.

Jennifer A. Constance, coordinator for the county child support enforcement unit, spoke to the Board of Legislators during last week's Health and Human Services Committee meeting, claiming that the department had broken state law when it didn't inform her that her granddaughter had been taken out of her mother's custody, and later misidentified an unrelated woman as an aunt so she could take custody of the girl.

With documentation to back up her claims, Mrs. Constance said the department had neglected to inform her that her granddaughter was in the care of the same Child Protective Services staff she worked feet from every day, and has spent the last four years avoiding responsibility for the mistake that put her granddaughter in the custody of someone who should never have had it.

Also at that meeting, Erica and Jameson Porter, former foster parents who cared for children placed by the Children's Home of Jefferson County and the St. Lawrence County Department of Social Services, came forward to share an update about their own case. The two foster children who the Porters say were wrongfully removed from their care last year are still not in their home, and they say CHJC and Jefferson County DSS have denied or ignored their requests to reopen their foster home to have the children returned to their care.

That's after the Board of Legislators sent official letters to St. Lawrence and Jefferson County DSS, and CHJC, asking them to reinstate the Porters as a foster home. Mrs. Porter is the Jefferson County representative for Community Helping Individuals Living in Distress, or CHILD, an organization founded in St. Lawrence County in 2020 amid allegations that DSS was wrongfully removing children from homes for profit or revenge.

Jefferson County Health and Human Services Committee Chair Anthony J. Doldo, R-Watertown, said on Wednesday that his committee was convinced that the situation at DSS needs a closer look.

"I've discussed with every member of my committee, and we do feel that an investigation needs to be done, so we will move forward with it," he said.

There's still much to do before the investigation can begin. The full Board of Legislators will need to vote on the investigation, and Mr. Doldo said he and his committee members are working with county attorney David J. Paulsen to discuss specifics and how to bring the vote to the board. He said there's strong support in his own committee, and the full board has taken all claims of corruption or mismanagement in DSS seriously.

Jefferson County has not conducted an internal investigation on one of its departments in recent history, and officials are still working out who or what entity should lead the case.

"My thoughts and plans are, it's going to be somebody that has no association with Jefferson County," Mr. Doldo said. "From there, whether it's an attorney or otherwise, it has to be someone that is familiar with family law."

Mr. Doldo said this investigation needs to be done deliberately and not be rushed. He said that without violating privacy laws, as much information as possible will made public. Family Court cases, especially those involving children under the care of DSS, are kept extremely private to protect the identify and privacy of the children involved.

He said the investigation is not limited just to the Constance or Porter cases, but will look broadly at all DSS operations. He said legislators continue to receive reports from their constituents of alleged wrongdoing, on top of the reports shared with them by CHILD.

"We're not going to hide behind anything here," he said. "We do take this very seriously and we are going to find the best candidate to run the investigation that we feel is possible."

Mrs. Constance said her phone has been ringing all day regarding the news, and she is overjoyed that legislators heard her pleas, delivered in an hour-and-a-half speech last week.

"I'm proud of the ladies and gentlemen that were willing to listen, that allowed me to have the floor for such a long period of time, and understood very clearly when they left that I took my responsibility going public seriously, and they said it resonated with them individually," she said.

Mrs. Constance said she's been concerned from the start about going public, and bringing more attention to her personal life. But after four years and tens of thousands of dollars spent on legal battles in Family Court, she said she felt a need to go public to get help.

As a 24-year employee of Jefferson County DSS, she said she understands the risks that going public about this case may pose to her job.

"(My granddaughter) is worth more than my job, more than the earnings and salary I make every week, every month, every year," she said. "I've put all my time, my effort, my heart, my money and my voice into her future. She's only 4, and her future is bright."

DSS Commissioner Teresa W. Gaffney has said she stands behind the work of Jefferson County's social service workers, and the actions of the Child Protective Services unit. She said there's no cover-ups in DSS and any mistakes are owned and used for training purposes.

"I stand behind my workers," she told the Times last week.

Mrs. Constance said she's disturbed by that response.

"I sit with her in a very small, close circle, as I have for over a decade, and I'm one of her staff," she said. "I tried to rectify this, bring it to their attention, ask for help. I've given them every opportunity to fix this, and I felt it was just a little disingenuous for her to make that public comment."

On Wednesday, Mrs. Gaffney said she wouldn't comment on the news of the investigation into her department, as she hasn't been informed of any details.

Mrs. Porter said Wednesday that she is happy to see an investigation begin, and is hopeful it will be the first step to righting the wrongs of which she's accused the local DSS. She said, through CHILD, she has been made aware of many cases of alleged wrongdoing, and continues to hand over reports shared with her to county legislators.

Mrs. Porter said there still needs to be an investigation into CHJC and its conduct with children as a foster placement agency. She said she believes Jefferson County legislators have power there, even though CHJC is a private nonprofit organization, because much of the agency's funding is funneled from the state through the county.

"I know they have some foster care contracts with CHJC as well, and I would like to see those possibly questioned if CHJC doesn't address some of the serious concerns I have heard," she said.